NEW DELHI: The Delhi High Court has sent behind bars a man, who was convicted for sexually assaulting a four-year-old girl but was released on probation by a trial court in 2015. The man was convicted for the offences of kidnapping and sexually assaulting the minor.
The trial court had released the convict on February 11, 2015 based on the period he already spent in custody --- nine months and 26 days.
The high court said the trial court has "grossly erred" by noting that conviction under Section 10 of the POCSO (Protection of Children from Sexual Offences) Act entails a "maximum punishment" of imprisonment for five years with a fine.
However, the 'actual' provision of punishment under section 10 (punishment for aggravated sexual assault) entails a "minimum punishment" of five years in jail and a "maximum sentence" of seven years, said a bench of Justices Mukta Gupta and Anish Dayal in its judgement dated October 13.
Section 10 of the POCSO Act states that: "whoever commits aggravated sexual assault shall be punished with imprisonment of either description for a term which shall not be less than five years but which may extend to seven years, and shall also be liable to fine."
The high court's verdict came while allowing an appeal filed by the state challenging the trial court's February 2015 judgement releasing the convict on probation.
The trial court in 2015 while granting the benefit of probation to the convict, noted that it was his "first offence" and that he “stated to be having the responsibility of his family”. The court also observed that the man deserves “a chance for reformation by taking a lenient view”.
Though the man has not challenged his conviction, the Delhi High Court judges went through the deposition of the minor victim who was four at the time of the crime which has been proved.
The child, in her testimony, had given details of the crime and had also identified the man present in the trial court.
"Even in the cross-examination of this child victim, nothing has been elucidated to show that the respondent did not commit the offence," the high court said.
While allowing the appeal by the state, the bench said that the sentence of the man is modified from the period already undergone to a sentence of rigorous imprisonment for a period of five years along with a fine of Rs 25,000.
"...considering the mitigating factors that the respondent (man) has to look after the family, during the period from February 11, 2015, the respondent is not involved in any other offence, The compensation amount as directed by the special court for a sum of Rs 50,000 to be paid by the secretary, DLSA North-West District would remain the same", the court said in its order.
The high court asked police personnel to hand over the custody of the convict, who was present in the court, to the Tihar Jail superintendent for serving his remaining sentence.
(With PTI inputs)